What is Divorce?

Divorce is the legal termination of a marriage. It is the recognition that a marriage has irretrievably broken down and that both parties are unlikely to resume their relationship as a married couple.

In order to apply for a Divorce, there are certain requirements that must be satisfied.

What are the Requirements for Divorce?

1. You need to be separated for at least 12 months
   You and your spouse need to be living separately and apart for at least 12 months to demonstrate the breakdown of your marriage. You can still be separated even if you and your spouse live under the same roof, however, you will need to be able to show that your relationship has in fact ended.
2. You or your spouse need to be an Australian citizen or live in Australia
3. You need to have a marriage certificate
   You need to provide a copy of your marriage certificate to the Court. If your marriage certificate is in a language other than English, then you will need to provide a translated copy to the Court.  If you do not have a copy of your certificate, you will need to explain your marriage to the Court.
4. Filing the Divorce Application
   You need to file the application for divorce with the Federal Circuit and Family Court of Australia. You can file this application either jointly with your former spouse or by making as a sole application. You may need to pay a filing fee in order to submit your application to the Court.
5. Serving the Divorce Application
   If you have filed a sole application, then you need to ensure the other party is aware of the proceedings by serving them with a copy of the divorce application.
6. Attending a Hearing
   A hearing is not required in most cases, however in instances circumstances where there are young children or if the application is contested a Hearing may be required.
7. Finalisation of the Divorce
   If the Divorce is granted you will be given a Sealed Order from the Court.

Things to think about when considering Divorce…

Parenting Arrangements

If there are children of the relationship or either spouse, even if they are non-biological, there must be a parenting arrangement in place to ensure the best interests of the child/ren are prioritised. If there are no parenting arrangement in place, the divorce application may not be processed.

Financial Support or Property Settlement

There is a statute of limitation that applies for family law property matters. Once the Divorce is finalised by the Court, you and your former partner will have 12 months to finalise the outstanding property aspects of the relationship.

Estate Planning

It’s important to review your Estate Planning documents following the breakdown of a relationship and consider whether your Will, Power of Attorney or Appointment of Enduring Guardian documents need to be updated to reflect your changing circumstances.

Divorce is not an easy process, however, with support from our Family Law team, you can navigate this process with ease and clarity.

For more information, book a Free 15-Minute Discovery Call with our Family Law team today on 02 4294 9980.